General
Terms and conditions
1. Scope
These General Terms and Conditions (“GTC”) apply to the entire business of teamscout AG (hereinafter referred to as the “Company”), unless the parties have expressly agreed otherwise in writing in the aforementioned contract. The company advises companies and private clients on digital services and products, marketing and strategy. In addition, she implements concepts in these areas and takes on mandates from clients. It offers a full range of services in the areas of strategy, marketing and IT. Rights contained in or arising from this contract may only be assigned by teamscout AG to third parties.
2. Conclusion of contract
The contract is concluded by the acceptance by the Client of the Company’s offer concerning the purchase of services and / or products. The delivery of equipment, software and services shall be made on the date specified in the contract, subject to any circumstances that are beyond the control and due diligence of teamscout AG.
The contract is concluded in any case when the customer uses the services offered by the company and / or purchases products. The Buyer is not entitled to withdraw from the purchase contract as a result of delayed delivery and expressly waives any claim for damages against teamscout AG. We reserve the right to make technical changes that serve to improve the products or their safety. Delivery and installation costs are usually borne by the purchaser.
3. Price
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT) and other applicable taxes.
Prices include packaging and shipping costs.
The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the Company’s website and according to the Company’s price list shall apply.
Training required to operate hardware and software is usually not included in the prices.
If a commission has been agreed, it shall be owed upon fulfillment of the obligations by the Company. Whether the end customer pays the customer does not affect the accrual and due date of the commission, what is relevant is the fulfillment of the obligation by the company.
4. Payment
The company offers the customer to pay by invoice, credit card, prepayment.
The customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default.
From the moment of default, the customer owes default interest in the amount of 5{d259d769e2ab08ac14a3830155776494e1135adbfce9991dadb5dc59cdfa9b21} (five percent).
If the Company also offers products for purchase, rent or other use via an online platform, it may also require payment by electronic means during the ordering process (credit cards, Paypal or other payment systems).
Offsetting of the invoiced amount against any claim of the Customer against the Company is not permitted.
The Company shall have the right to refuse delivery or provision of services in the event of default in payment.
5. Duties of the company
5.1. Delivery / delivery dates for product purchase
Delivery is made within 5 (five) working days after receipt of order. If timely delivery is not possible, the Company will inform the Customer within 5 (five) working days after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The company fulfills by handing over the ordered products to the agreed carrier. If no forwarder is agreed, the company is free to choose a forwarder. The agreed delivery costs may not be increased by the choice of the carrier.
5.2. Service provision
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the registered office of the Company. If no teamscout support subscription exists, the following hourly rate excl. VAT charged CHF 150.00. teamscout support guarantees a response time within four hours during business hours.
5.3. Auxiliary
The parties have the express right to call in auxiliary persons to perform their duties under the contract. You must ensure that the auxiliary person is used in compliance with all mandatory legal provisions and any collective labor agreements.
6. Obligations of the customer
The Customer is obliged to immediately make all arrangements necessary for the Company to provide the service. The customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing appropriate information and documentation to the company.
The customer must ensure that the technical and actual requirements for the receipt and use of the services, data and content are met on his side. If these conditions are not met, this does not affect the conclusion and continuation of the contract between the Customer and the Company.
The Customer undertakes to truthfully provide the personal data required upon registration and to notify the Company of any changes to the personal data.
7. Maintenance
The Customer accepts checks and maintenance by the Company that may temporarily affect the availability of some or all of the Products. In case of planned maintenance works or changes in the system, which may affect the Customer, the Company shall endeavor to inform the Customer seven working days in advance. When forwarding third-party content and services, temporary transmission delays may also occur. Temporary transmission delays may also occur when third-party content and services are forwarded.aThe Company endeavors to keep downtimes as short as possible in the interest of the customer. The customer accepts proportionate impairments. The company is not liable for system failures of network operators, service providers, etc.
8. Non-solicitation and non-employment
The Customer may not entice away or hire the Company’s employees or other auxiliary persons, either for its own account or for the account of a third party, without the Company’s express written consent. Even after termination of the contractual relationship, the Customer is prohibited from employing employees or other auxiliary persons of the Company in any way, directly or indirectly. This prohibition shall apply until one year after termination of the contractual relationship and is limited to the area of activity of the corresponding employee or auxiliary person.
9. Exchange
An exchange of products is excluded in principle.
10. Software license
The Company grants the Customer the right to use the Software for the agreed period of time. The license is non-transferable and non-exclusive and limited to the function and scope according to the product description. Even after payment of the license fee, the software remains the property of the company. The customer may use the software only for the agreed number of servers. Except for the copy required for back-up, copying is prohibited. The customer is prohibited from copying, reproducing, sublicensing or otherwise transferring or reproducing the software or related documents or computer programs or transferring them to third parties.
Furthermore, the Customer is prohibited from modifying, decompiling, disassembling or creating new software from elements of the software or related documents or computer programs, unless written permission has been obtained from the Company. The customer is obliged to always use the latest version of the corresponding software. Furthermore, the customer is prohibited from removing or modifying any copyright marks on the software or related documents or computer programs. The copyright of the software remains fully with the company as licensor and is not transferred to the customer. The customer shall be deemed to be the sole licensee authorized to use the software in accordance with the contract.
If the company is no longer able to provide the services specified in the contract (e.g. due to bankruptcy or termination of the partnership), the entire contract will be handed over to the software supplier on its terms.
11. Warranty
The statutory warranty provisions shall apply.
The Company warrants the above for a maximum period of 24 (twenty-four) months.
The Company does not guarantee that the Services will be accessible without interruption, that the desired connections can be made at all times, or that stored data will remain available under all circumstances. Interruption of the accessibility of the services for the customer does not lead to claims for damages.
The Company warrants that the licensed software substantially conforms to the product specification and can be used as specified. Rework is possible only with the consent of the company. The company will undertake any modifications or improvements to the software only on the basis of a special agreement. The customer is not entitled to any customer support or upgrade activities of the company.
The company assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee that the software can make a profit in the short or long term. It is the customer’s responsibility to control the individual transactions made with the help of the software and to monitor the respective compatibility with his risk profile. The customer uses the program at his own financial risk and responsibility.
Any defect in products must be reported to the company immediately. It is up to the company to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the time of repair, the customer is not entitled to a replacement product. The warranty starts anew for the repaired element, for the remaining elements of the product the original warranty period continues.
The company guarantees to perform the agreed services in the quality customary in the industry.
12. Liability
Liability for any indirect damages and consequential damages is excluded in full. Likewise, claims for damages for loss of investment, for loss of profit, for loss of data, for restoration of the software, for downtime or for other lost production or working time and for exchange rate losses are completely excluded; this applies to all claims of the customer, regardless of the legal grounds. The company assumes no responsibility for external or indirect defects and consequential damages (e.g. damages due to operational failure, delay of information forwarding, due to viruses or due to line or system errors). Insofar as the contractual liability of the Company is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Company.
Liability for direct damages is limited to the contract sum. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to products to the company immediately.
If any defects are found in the licensed software, they must be reported to Company in writing or by e-mail within 3 days of downloading the software at the latest. The Company shall not be liable for defects caused as a result of incorrect handling, normal wear and tear or due to external influences (power failure, faulty hardware, etc.). In particular, the company is not liable for any loss of data. It is the customer’s responsibility to back up his data regularly and to perform any back-ups.
13. Intellectual property rights.
All rights to the products, services and any trademarks are owned by the company or it is authorized to use them by the owner.
Neither these General Terms and Conditions nor any associated individual agreements shall transfer any intellectual property rights, unless this is explicitly mentioned.
In addition, any reuse, publication and making available of information, images, texts or anything else received by the Customer in connection with these Terms and Conditions is prohibited, unless explicitly authorized by the Company.
If the customer uses content, texts or pictorial material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
14. Data protection
The Company may process and use the data recorded in the course of concluding the contract for the purpose of fulfilling the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with the law. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data necessary for the performance of the service may also be passed on to contracted service partners or other third parties.
Furthermore, the data protection provisions apply.
15. Changes
These Terms and Conditions may be amended by the Company at any time.
The new version shall come into force 30 (thirty) days after the notification or posting on the website (www.teamscout.ch) by the Company.
The version of the GTC in force at the time of the conclusion of the contract shall apply to the customer. Unless the customer has agreed to a newer version of the GTC.
16. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
17. Severability clause
If any provision of this Agreement or any supplement hereto is or becomes invalid, the validity of the remainder of the Agreement shall not be affected thereby. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.
18. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
19. Force majeure
If the timely performance by the Company, its suppliers or third parties involved is prevented due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or other events, the Company shall be entitled to claim damages. reactor damage is impossible, the Company shall be released from the performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company may withdraw from the contract. The Company shall fully reimburse the Customer for any payment already made.
Any further claims, in particular claims for damages as a result of vis major are excluded.
20. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to raise an action at the seat of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.